BOARD DATE:	  6 October 2009

		DOCKET NUMBER:  AR20090007866 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that items 4a (Grade, Rate or Rank) and 4b (Pay Grade) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show sergeant/E5; that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show the Expert Marksmanship Qualification Badge with Grenade Bar; and that item 14 (Military Education) be corrected to show he completed basic combat training at Fort Dix, New Jersey and his assignment to the Officer Candidate School at Fort Benning, Georgia.  

2.  The applicant states, in effect, that he qualified expert with the grenade at basic combat training, that he completed basic combat training, that he attended Officer Candidate School, and that he was promoted to E-5 during Officer Candidate School and should have been discharged as an E-5.  He points out that he was separated from the Army during Officer Candidate School due to an injury. 

3.  The applicant provides no documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 17 October 1985 for a period of 3 years in pay grade E-3.  He successfully completed basic combat training at Fort Dix, New Jersey.  He entered Officer Candidate Course at Fort Benning, Georgia on 7 January 1986 and was promoted to sergeant effective 12 January 1986.  On 18 February 1986, the applicant was voluntarily released from the Officer Candidate Course for medical reasons and placed on medical hold.  Orders, dated 27 March 1986, show the applicant was reduced from sergeant to private first class effective 18 February 1986.  On 13 March 1986, he was involuntarily released from the Officer Candidate Course for medical reasons.  On 2 April 1986, the applicant was honorably discharged for physical disability prior to entry on active duty - Medical Board.  

3.  Item 4a on the applicant's DD Form 214 shows the entry "PFC" [private first class].  Item 4b on his DD Form 214 shows the entry "E3."  Item 13 on his DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 14 on his DD Form 214 shows the entry "NA//NOTHING FOLLOWS."  Item 7 (Last Duty Assignment and Major Command) on his DD Form 214 shows his last duty assignment as 50th Company, 5th Officer Candidate School Training Battalion, Training School Brigade, U.S. Army Infantry School, Training and Doctrine Command.

4.  There is no evidence of record which shows the applicant was subsequently promoted to sergeant prior to his discharge.

5.  Item 9 (Awards, Decorations and Campaigns) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows he qualified sharpshooter with the M-16 rifle on 25 November 1985.

6.  There are no orders for the Expert Marksmanship Qualification Badge with Grenade Bar. 

7.  Army Regulation 635-5 prescribes policies and procedures regarding separation documents.  This regulation prescribes that the grade, rate or rank, held by an individual at the time of their separation, will be entered in item 4a of 


the DD Form 214.  The individual's pay grade will be entered in item 4b of the DD Form 214.  The regulation also states, in pertinent part, that item 14 will list in-service training courses; title, number of weeks, year successfully completed during this period of service.  Training courses for combat skills will not be listed.

8.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was promoted to E-5 while he attended the Officer Candidate Course and should have been discharged as an E-5 was noted.  However, orders show he was reduced from sergeant to private first class on 18 February 1986 when he was voluntarily released from the Officer Candidate Course.  There are no orders which show he was subsequently promoted to sergeant prior to his discharge.  Therefore, there is no basis for granting the applicant's request to amend items 4a and 4b on his DD Form 214.   

2.  The applicant's contention that he qualified expert with the grenade at basic combat training was noted.  However, there is no evidence of record and the applicant did not provide any evidence which shows he received the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, there is insufficient evidence on which to award this marksmanship badge.

3.  Evidence of record shows the applicant completed basic combat training.  However, since the governing regulation states that training courses for combat skills will not be listed on the DD Form 214, there is no basis for granting the applicant’s request to show this training course in item 14 on his DD Form 214.

4.  The applicant was involuntarily released from the Officer Candidate Course on 13 March 1986 and discharged on 2 April 1986 for medical reasons, and item 7 shows his last assignment as being in the Officer Candidate School.  However, as he did not complete OCS, there is no basis for amending item 14 on his DD Form 214 to show he successfully completed this course. 



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x____  _____x___  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20090007866





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ABCMR Record of Proceedings (cont)                                         AR20090007866



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